Legal Question in Workers Comp in Florida
I was required to fly 1500+ miles to a mandatory company meeting and my company knew I was on a rehab boot for Achilles tendonitis but I could walk stand drive a rental car and just had to travel through the airport in a wheelchair for the long walks. On the return flight after much walking to meetings, returning the rental car and 3 hours in cramped airplane seat I suddenly had sharp pains in my right leg/hip and numbness and the staff moved me to a seat where I could extend my leg. Following the trip I went to emergency because I could not walk, drive or stand without losing my balance and had bad back pain. The emergency room said I now have a herniated disc in my lower back (have never ever had lower back pain in my life) Can I apply for workers compensation for a work related back injury.
2 Answers from Attorneys
Sure you could. I think you meet the criteria of injury during course and scope of work. However, the injury and causal condition may be challenged on the issue of propensity. The question is whether the condition is one that would have happened just the same if you had been doing non-work functions like doing groceries, sneezing, going up stairs at home, etc. The carrier may say this condition was idiopathic and pre-existing. Seems the pain really got bad while you were sitting. However, the carrier must take the claimant as they come (eggshell rule) and you would have to show your pre-existing condition did not keep you from working and that the travel strain and exertion caused the "new" pain/condition.
If you're in Miami, I'd be happy to talk to you and I can be reached at 786-306-1293. Good-Luck!
There are not enough facts here to answer your question. For now, if you believe it is related, you should notify your company and ask for medical care. You have to advise them within 30 days of any work related injuries you have per statute. Seek some legal guidance and get your medical records together as they are going to be all important now to answer the question as to whether this is work related or not.
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